Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Disturbance costs

Legal area

Court

20 Jun 1986

KINGEARN CO LTD v. SIU CHUAN SANG AND OTHERS

Citation

KINGEARN CO LTD v. SIU CHUAN SANG AND OTHERS
Court

Lands Tribunal
Case number

LDPA66/1985

Exclusion order granted because applicant is financially able and redevelopment is justified; compensation to protected tenants fixed by capitalising the profit rent for a reasonable period plus disturbance costs, but payments constituting an illegal premium under s.15 are not compensable; specific conditions (completion timeline, vacant possession deadline, staged compensation payments and restrictions on disposal) are imposed as terms of the exclusion order.
20 Jun 1986

KINGEARN CO LTD v. SIU CHUAN SANG AND OTHERS

Citation

KINGEARN CO LTD v. SIU CHUAN SANG AND OTHERS
Court

Lands Tribunal
Case number

LDPA67/1985

The Tribunal granted the exclusion order subject to conditions including payment of compensation to protected tenants calculated by capitalising the profit rent (difference between permitted Ordinance rent and market rent) for a reasonable expected occupation period plus disturbance costs; payments made to the absentee principal tenant as illegal premiums for fitting out are not directly compensable.